Bazar Miejski’ Regulations

These regulations define the terms and conditions of cooperation as part of the rental of a stand - a rack in the Bazar Miejski, sale of goods through the stationary stores of the Bazar Miejski and online sale of goods via the website: www.bazarmiejski.com.

Definitions:

BM: Bazar Miejski, business run by Bartixpol Sp. Z o.o., ul Tyniecka 38 02-621,
Warsaw, entered into CEIDG with the NIP number:521-388-29-43, REGON number: 384 914 923.
Lessee / Client: A natural person who rents a stand in a BM store to sell his Goods.
User: A person using the BM internet platform to sell or purchase the Goods posted on the Website.
Stand / Display Rack: Rented space in the BM Store, where Lessee exhibits his items for sale by BM.
BM Store: One of the stationary shops of the Bazar Miejski located at ul. Marszałkowska 19, ul. Słowackiego 12 and Zgrupowania AK „Kampinos” 15 in Warsaw as well as ul. Brodatego 11 in Wrocław, where BM provides Lessees with stands for rent.
On-line store: BM online store, located at: www.bazarmiejski.com
Website: The website www.bazarmiejski.com, on which Lessee registers his account and through which Lessee makes payments for renting the stand.
Goods / Goods / Products: These are items put up for sale by the Lessee through BM.
Buyer: The person purchasing the Goods via the BM Store and the BM Online Store.
Entrepreneur: a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performs economic activity on its own behalf, which purchases the Goods at BM.
Registration: Registration of the BM Client account which is made by filling out the registration form on the website www.bazarmiejski.com.
Form: A form to be completed by the Client containing a list of Goods that the Lessee wants to sell via Bazar Miejski. All Goods intended for sale through the Bazar Miejski must be included in this form. The list of goods entered in the Form must agree with the actual state of the goods placed by the Client at the Stand.
Reservation: Reservation of a Stand in the BM Store is made by assigning an appropriate Stand and specifying the rental date, via the website www.bazarmiejski.com.
Regulations: these BM regulations.
BM Store opening hours: BM Store opening hours are available on the website www.bazarmiejski.com.
Price list: BM price list, available on the BM website.

I. Renting a stand

  1. To rent a stand in the BM Store, Registration and then a Reservation must be made on the website www.bazarmiejski.com.
  2. The stand rental period is calculated in days. Each day of rental starts from the opening hours of the BM Store until its closing. The opening hours of the BM Store are available on the BM website.
  3. The fee for renting the stand is calculated on a weekly basis, and the minimum rental period is one week. The length of the lease is specified by Lessee when booking via the Booking on the Website. The rental period is calculated within the working hours of the BM Store, the opening hours of the BM Store are available on the BM Website..
  4. The fee for the Stand is collected in advance, for the entire rental period, by making a reservation and paying the fee by Lessee on the Website. In the event of the commencement of the rental period, the fee is non-refundable.
  5. Lessee, by making a reservation and payment on the Website, accepts the conditions contained in these Regulations.
  6. When booking a Stand, Lessee determines the appropriate date and size of the Stand. The stand is allocated automatically by the system, which takes into account all available stands, in the size and time chosen by Lessee. It is not possible for Lessee to independently select a stand.
  7. The rental period is calculated according to the Stand reservation paid for.
  8. During the rental period, the Lessee offers his Goods for sale at a rented Stand, on the terms set out in these Regulations.
  9. The Lessee agrees that BM will charge a commission, in accordance with these Regulations, for the intermediation in the sale of the Goods.
  10. The Lessee is obliged to specify the list of Goods that he intends to sell at the rented Stand, in the BM Store, by filling in the Form, on the Website and by hand-signing by the Lessee the list of the Goods brought in, prepared by the BM employee, on the basis of a Form correctly filled in by the Lessee.
  11. Goods that are on the Stand and have not been entered via the form on the Website will be removed from the Stand. 
  12. Some of the Goods listed by Clients may be listed for sale online on the BM Store Website. The selection of Goods for the Online Store is made by BM. 
  13. Some of the Goods listed by Clients may be listed for sale online on the BM Store Website. The selection of Goods for the Online Store is made by BM.
  14. The Lessee is responsible for labeling and securing the sold Goods with anti-theft clips. The Lessee is obliged to use only price tags provided by an employee of the BM Store, which are used to correctly identify the seller and in the correct settlement with the Lessee.
  15.  Lessee is obliged to empty the rented Display Rack on the end of the lease, at least two hours before the closing of the BM Store, on the last day of the lease.
  16. If the Lessee extends the lease by filling out a new form on the Website and paying the appropriate fee, the Lessee is obliged to transfer the Goods to the Stand indicated by BM Stand, at least two hours before the closing of the BM Store on the last day of the previous rental period.
  17. The Lessee is obliged to empty or remove the Goods from the Stand.
  18. In the event of failure to comply with the obligation specified in point 17 of the Regulations, BM reserves the right to empty the Goods from the Stand and store them for an additional fee, in accordance with the BM price list, i.e. PLN 10 for each day of storage.
  19. During the rental period, it is possible to deliver or take Goods from the Stand rented by the Lessee by filling in the form on the Website and placing or taking the Goods in the presence of a BM employee, as well as signing by the Lessee and BM employee the list of Goods brought or taken, prepared by BM employee.
    At the same time, on the hangers placed on the rented Display Rack, according to the size selection of said Dispay Rack, made by the Lessee during Registration, there may be *:
    - for Display Rack size S. up to 30 items of clothing
    - for Display Rack size M. up to 60 items of clothing
    - for Display Rack size L. up to 90 items of clothing
    *BM reserves the right to reduce the limit of hangers if the total weight of the clothes may damage the Display Rack structure. If the number of clothes on the Display Rack is exceeded, the Bazaar reserves the right to pack the excess Goods and store them according to the BM price list..
  20. Display Racks can be used to sell books, CDs, shoes and accessories. Except for CDs and books, it is prohibited to stack Goods on top of other Goods. None of the Goods may exceed the surface of the Display Rack.
  21. It is forbidden to place items outside the Display Rack.
  22. BM reserves the right to select and place the Goods outside the rented Stand, in order to display the selected Goods.
  23. BM undertakes to exercise due diligence in order to secure the Goods issued by the Lessee by using a camera monitoring system, an alarm system and providing the Lessee with anti-theft clips.
  24. As part of the availability of space, small Goods with a value above PLN 100 may be closed in glass showcases provided by the BM Store, the BM employee decides whether to place the Goods in the showcase..
  25. BM is not liable for damage or loss of Goods placed by the Lessee on the rented Stand.
  26. BM is liable for damages only on the basis of fault.
  27. In particular, BM is not liable for damages resulting from non-performance or improper performance of the service in the event of the Customer's neglect of obligations, such as, for example, not clipping the Goods or placing the Goods in the wrong place or not including the Goods in the Form..

II. Terms of sale of Goods through BM

  1. The BM Store is a place where Stand Lessee, being a natural person, can sell its own used Goods that are its sole property. These Goods must be purchased at least 6 months before being placed on the BM Stand.
  2. Persons selling as part of their business activities are not authorized to use BM Services. Such persons are subject to specific legal regulations and bear responsibility resulting from the Act on special conditions of consumer sale and the amendment to the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended).
  3. The Client is solely responsible for arranging, delivering and displaying items at the Stand. 
  4. The BM Store sells on behalf of and for the benefit of the Client, without the participation of the Client.
  5. It is not allowed for the Lessee to place on the rented Stand, as well as sell, via BM, Goods that:
    a) infringe the rights of third parties,
    b) infringe intellectual property rights or are counterfeit Goods,
    c) indirectly incite to offenses or crimes, discrimination, hatred or violence on the basis of   race, ethnicity or nationality,
    d) provide incorrect information or confidential information,
    e) may endanger minors
    In particular, it is forbidden to place on the rented Stand, Goods such as: food, alcohol and drugs, tobacco, weapons, illegal copies, pornographic materials, other dangerous materials such as gas cylinders and other flammable materials.
  6. In the event that the Goods provided to BM by the Customer do not comply with applicable law or these Regulations, the Client recognizes and accepts that it is solely responsible for the resulting direct and indirect losses with respect to third parties or BM. Accordingly, the Client acknowledges and accepts that BM is under no circumstances liable for such losses, unless he was duly notified of the existence of illegal items within the meaning of applicable law and did not take immediate action to remove such items from BM.
  7. The Client acknowledges and accepts that in the event that BM determines that the Goods posted on the Stand by the Client are inconsistent with applicable law or these Regulations, BM will immediately remove the Goods from the Stand.
  8. BM undertakes, each time on the last day of the rental, to inform the Client of the expiry of the rental period by sending the Client a reminder to the e-mail address provided by the Client during Registration.
  9. After the expiry of the rental period specified by the Client during Registration, the Client is obliged to collect the Goods from the premises of the BM Store at his own expense.
  10. In the event of failure to perform the above-mentioned activities, BM reserves the right to pack the Goods from the Stand and store them for an additional fee, in accordance with the BM price list, i.e. PLN 10 for each day of delay in collection..
  11.  Goods not collected by the Client shall become the property of BM within 30 days from the day BM informs about the expiry of the rental period..
  12. BM undertakes to exercise due diligence in order to secure the Goods issued by the Client by using a camera monitoring system, an alarm system and providing the Client with anti-theft clips.
  13. As part of the availability of space, small Goods worth over PLN 100 can be closed in glass showcases provided by the BM Store.
  14. BM is not liable for damage or loss of Goods placed by the Client on the rented Stand.

III. Commission and settlement with the Client in connection with the sale of Goods through BM

  1. For the Goods sold during the rental period, BM charges a commission of 20% of the gross amount (including VAT). The commission amount will be deducted from the amount that remains to be paid to the Client for the Goods sold. From 01/01/2021 the amount of the commission will change and will amount to 25%.
  2. The payment of funds for the sold Goods (after deduction of the commission due for BM) is made only directly to the Client's bank account, indicated in Reservation, within 14 working days after the end of the rental period. Settlement of sales and commissions in cash is not allowed.

IV. Rules for purchasing via the BM Website

  1. Bazar Miejski provides an online platform enabling Users to sell and purchase used Goods at prices set by the BM Client, under the conditions specified in these Regulations.
  2. Under no circumstances will BM be liable for breach of applicable law or these Regulations by the Client, unless it has been duly notified of the existence of illegal items within the meaning of applicable law and has not taken immediate action to remove such items from both the BM store and and shared internet platform.
  3. The sales contract is concluded between the Seller, being BM Client, and the Buyer.
  4. The prices quoted on the BM Website are gross prices, specified in PLN. The VAT included in them is calculated only on the margin charged by the BM Store.
  5. Product prices do not include shipping costs. Shipping costs are covered by the Buyer.
  6. The Buyer has the option to choose the method of Product delivery via the BM platform. Shipping costs are determined by BM.
  7. The Goods offered by BM are Goods placed on the secondary circulation by BM customers. The Goods offered by BM are predominantly used Goods.
  8. BM undertakes to provide a fair, truthful description of the Goods sold for the benefot pf BM Clients.
  9. Photos of the Goods should reflect their color, texture and condition. The colors of the products in the photos may slightly differ from the actual ones, this is due to the variety of available computer equipment and its individual settings, in particular monitor and graphics card settings.
  10. It is not possible to make purchases via the BM platform, by ordering via e-mail or by phone.
  11. To make a purchase via the Website, find the items available in the "BUY" tab, and then add to the basket. After selecting the Goods, go to the basket and select the delivery method. At this stage, the total price of the order will be indicated. Then, you must accept the regulations of the BM Website, having read them beforehand. After accepting the regulations, select the available payment method.
  12. The sale agreement is concluded upon confirmation of the payment by BM. The buyer will be informed about it by e-mail sent immediately after payment.
  13. The only form of payment via the BM platform is prepayment.
  14. Settlements of transactions by e-transfer are carried out via the DotPay or PayNow service. The regulations in force on these websites are available on their websites (DotPay: https://www.dotpay.pl/dla-Sprzedajacych/do-pobrania/regulatury/; Paynow: https://www.mbank.pl/pdf/firmy /inne/regulamin-uslugi-integratora-platnosci-paynow-dla-firm.pdf).
  15. The order fulfillment time is usually up to 14 days. The time of execution of orders for non-standard products, i.e. large-size products is agreed individually with the Buyer. The order fulfillment period begins when the Buyer's payment is credited to BM's bank account.

V. Complaints and returns

  1. The used Goods are covered by the sale contract.
  2. Each of the Goods contains a detailed description confirming its condition.
  3. BM sells the Goods on behalf of and for the benefit of BM customers. The sales contract is concluded between the Seller, being BM Client, and the Buyer. All Goods sold in the BM Store are the property of BM Clients. In the case of Goods purchased in the BM Store, it is not possible to return the goods via the BM Store.
  4. BM is liable under the warranty to the Buyer only if the item sold is not as described, if the physical defect reduces the value or usefulness of the Item due to the purpose in the description or resulting from the circumstances or destination of the Item, and if the Item has no properties, about the existence of which the buyer was assured by the seller or the Item was delivered to the buyer incomplete.
  5. BM is released from liability under the warranty if the buyer knew about the defect at the time the contract was concluded. BM does not provide a guarantee for Goods purchased in the BM store.
  6. In the event of a defect in the Goods purchased through BM, the Buyer has the right to make a complaint on general terms, based on the provisions on warranty, regulated in the Civil Code. If the Buyer is an Entrepreneur, liability under the warranty is excluded.
  7. All complaints related to the implementation of these Regulations are recommended to be reported by the Client / Buyer to the e-mail address kontakt@bazarmiejski.com immediately, no later than 14 days after the cause of the complaint.
    a) Complaints submitted after the above-mentioned date or to a different e-mail address will be considered, but due to the characteristics of the services provided by BM, a delayed complaint submission may prevent the completion of the necessary information and delay the taking of appropriate actions, as well as delay the verification procedure and response time.
  8. Any disputes between the Lessee and BM will be resolved in accordance with the provisions of the Civil Code, by the court competent for the BM seat.
  9. A buyer who concluded a distance contract (made an online purchase on the BM Website), within 14 calendar days from the date of receipt of the Goods, may withdraw from the contract without giving any reason and return.

VI. Privacy policy, storage and processing of personal data

  1. Who is the administrator of your personal data? The Administrator, i.e. the entity deciding how your personal data will be used, is the company Bartixpol Sp. Z o.o., with its registered office in Warsaw ul. Tyniecka 38 02-621, owner of the stationary shop at ul. Brodatego 11, 52-007 Wroclaw and website called wroclaw.bazarmiejski.com.
  2. How did we get your data? We received your data when you set up your account on the BAZAR MIEJSKI Website, and also later when filling in the user's profile on the Website.
  3. What is the purpose and legal basis for the processing of your personal data by BM service? We process your personal data because it is necessary to perform the contract concluded with you, including:
    - setting up and managing your account,
    - handling orders that you send to us,
    - withdrawing receivables to your account,
    - contacting you, including for purposes related to the provision of services.
    - conducting marketing and advertising activities against you,
  4. We will process your personal data until you withdraw your consent. You can withdraw your consent to the processing of personal data at any time. Since the processing of your data is necessary to perform the concluded contract, withdrawal of consent will be tantamount to deleting the account on the website.
  5. We require you to provide the following personal data to be able to provide you with the service:
    - first name and last name,
    - e-mail adress,
    - address,
    - Bank account number,
    - password
  6. If for some reason you do not wish to provide this personal data, unfortunately we will not be able to provide you with BM Website services. Apart from the above-mentioned cases, providing your data is voluntary.
  7. BAZAR MIEJSKI does not share any personal data of its users with third parties.
  8. What are your rights in relation to the Bazar Miejski in terms of data processed?
    We guarantee the fulfillment of all your rights under the general data protection regulation, i.e. the right to access, rectify and delete your data, limit their processing, the right to transfer them, and the right to object to the processing of your personal data. You can exercise these rights when:
    - regarding the request for data rectification: you will notice that your data is incorrect or incomplete;
    - in relation to the request to delete data: your data will no longer be necessary for the purposes for which it was collected by the Administrator; you will withdraw your consent to data processing; you object to the processing of your data; Your data will be processed unlawfully; the data should be deleted in order to fulfill the obligation resulting from the law or the data has been collected in connection with the provision of electronic services offered to the child;
    - in relation to the request to limit data processing: when you notice that your data is incorrect - you can request that the processing of your data be restricted for a period that allows us to check the correctness of this data; your data will be processed unlawfully, but you will not want it to be deleted ; Your data will no longer be needed for us, but you may need it to defend or pursue claims; or you object to the processing of data - until it is determined whether the legitimate grounds on our side override the grounds of objection;
    - in relation to the request for data transfer: the processing of your data takes place on the basis of your consent or a contract concluded with you and when this processing is carried out automatically. You have the right to lodge a complaint regarding the processing of your personal data by us to the supervisory body, which is the Office for Personal Data Protection (address: President of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw).
  9. In what situations can you object to the processing of your data? You have the right to object to the processing of your personal data when:
    - the processing of your personal data takes place on the basis of a legitimate interest or for statistical purposes, and the objection is justified by the specific situation in which you have found yourself,
    - your personal data is processed for direct marketing purposes, including profiling for this purpose.
  10. How long do we keep your personal data? We store your personal data for the duration of the contract concluded with you, as well as after its completion for statistical, billing and archiving purposes. We store your personal data for marketing purposes for the duration of the contract or until the objection is raised.

    Cookies policy
  11. For the convenience of users, the BAZAR MIEJSKI website uses cookies, including in order to adapt the website to the needs of Users and for statistical purposes. Cookies are small text files sent by a website that is visited by an internet user to an internet user's device.
  12. The data collected in logs is used only for the purpose of administering the BAZAR MIEJSKI website.
  13. According to the practice of most websites, we store HTTP queries directed to our server (server logs). In connection with the above, we store:
    - IP addresses from which users browse the information content of our website;
    - time of arrival of the inquiry,
    - time of sending the answer,
    - name of the client station - identification carried out by the HTTP protocol,
    - information about errors that occurred during the implementation of the HTTP transaction,
    - URL address of the page previously visited by the user (referrer link);
    - information about the user's browser.
  14. The collected logs are stored for an indefinite period of time as auxiliary material used to administer the BAZAR MIEJSKI website. The information contained therein is not disclosed to anyone except those authorized to administer the Website. Based on the log files, statistics can be generated to assist in administration. Collective summaries in the form of such statistics do not contain any features that identify visitors to the website.
  15. You can change cookie settings in your web browser. If you do not change these settings, you accept the cookies used here.

Contact

Adress: ul. Brodatego 11, 52-007 Wroclaw
E-mail adress: wroclaw@bazarmiejski.com
Contact phone: +48 734 465 345